The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Bola Tinubu over what it describes as the unlawful suspension of the democratically elected Governor, Deputy Governor, and Members of the House of Assembly of Rivers State.
The suit challenges the legality of the suspensions, which were imposed alongside the president’s proclamation of a state of emergency in the state.
The lawsuit was filed by Yirabari Israel Nulog, Nengim Ikpoemugh Royal, and Gracious Eyoh–Sifumbukho, all members of the SERAP Volunteers’ Lawyers Network (SVLN) in Rivers State. The plaintiffs, who are registered voters, argue that their democratic rights have been violated.
Joined as defendants in the case are the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, and Vice Admiral Ibok-Ete Ibas (rtd.), who was appointed as the Sole Administrator of Rivers State.
The suit, filed at the Federal High Court in Abuja, seeks an order to set aside both the suspension of the elected officials and the appointment of Ibas as the state’s administrator.
The plaintiffs argue that the Nigerian Constitution prohibits any individual or group from assuming control of the government outside the provisions of the law.
They contend that suspending elected officials under a state of emergency is unconstitutional and undermines the principles of democracy and the rule of law.
SERAP’s legal team, led by Senior Advocate of Nigeria (SAN) Ebun-Olu Adegboruwa, stated that democracy is built on respect for human rights and due process.
The suit references several constitutional provisions, including Section 1(2) of the 1999 Constitution (as amended), which states that no part of Nigeria shall be governed outside the framework of the Constitution.
The lawsuit also highlights Nigeria’s obligations under the African Charter on Human and Peoples’ Rights, emphasizing that political participation is a fundamental right that cannot be arbitrarily suspended.
The plaintiffs are seeking several court declarations, including:
- That there is no constitutional provision allowing the president to suspend elected officials while declaring a state of emergency.
- That suspending the governor, deputy governor, and lawmakers of Rivers State violates constitutional principles.
- That the appointment of a Sole Administrator for the state is unconstitutional and should be nullified.
- That the suspended officials be reinstated immediately.
- That the federal government be restrained from enforcing the suspensions or recognizing the Sole Administrator.
Legal experts and political analysts are closely watching the case, as it could set a significant precedent for the balance of power between the federal government and state administrations in Nigeria.
No date has been set for the hearing of the case.
